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Board of Directors Meeting

October 10, 2002

Board of Supervisors' Chambers
County Government Center
70 West Hedding Street
San Jose, California

Summary Minutes


1. CALLED TO ORDER at 9:07 a.m.

2. ROLL CALL

Members Present: Alvarado, Chavez, Cortese, Dando, Gage, Gonzales, Kennedy, La Poll, Lawson, McLemore (Ex-Officio), Mossar, Springer, Valerio, Williams

Members Absent: Beall (Ex-Officio), McHugh, Nadler, Pirzynski, Yeager

3. ORDERS OF THE DAY

Board Member Chavez took her seat at 9:08 a.m.

Noted for the record that Agenda Item #23 was distributed under separate cover to the Board of Directors last week and would be heard today as Agenda Item #23, with the following recommendation: Adopt a resolution authorizing the issuance of tax-exempt debt in an amount not to exceed $82,000,000 and ratifying actions taken by the General Manager and Chief Financial Officer necessary in connection therewith; and further authorizing the General Manager to amend the FY 2003 operating budget and incur ancillary debt financing costs in an amount not to exceed $500,000 for costs related to this debt financing transaction.

Added Addendum Item #33.X., Conference with Real Property Negotiator [Government Code 54956.8], Purchase of trackage rights in the South Bay Corridor between Union City and Diridon Station in San Jose. Negotiator for VTA: Scott Buhrer, Chief Financial Officer. Negotiator for Union Pacific Railroad: Robert Starzell, Senior Representative of the Chairman.

Accepted Orders of the Day.

4. AWARDS AND COMMENDATIONS

Chairperson Gonzales took his seat at 9:09 a.m.

A. Employees of the Month

Presented awards to Ray Halsell, Cerone Operations; Jing Quan, River Oaks Administration; and Frank Vigna, Cerone Maintenance, as VTA Employees of the Month for October 2002.

B. Recognition of Award Received by the Altamont Commuter Express (ACE) Service

Acknowledged the ACE Joint Powers Authority receipt of the National Association for Commuter Transportation 2002 Outstanding Service Award in the public sector category.

C. Adopted Resolution No. 02.10.29 recognizing October as Domestic Violence Awareness Month.

Thanked VTA for being supportive of Domestic Violence Awareness Month. Noted the Walk Against Domestic Violence at 9:00 a.m. on Friday, October 11, 2002, between San Jose City Hall and the County of Santa Clara building.

5. Hearing – Notice of Intention to Adopt a Resolution of Necessity – Capitol Light Rail Project (2/3 Vote Required for Adoption)

Property ID Number/Owner/Assessors Parcel Number

7673/Jayvadan N. Itchhaporia and Tarunika J. Itchhaporia/APN: 254-40-014 Resolution No. 02.10.30

Closed hearing and adopted Resolution of Necessity No. 02.10.30 in connection with the Capitol Light Rail Project, pursuant to Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure of the State of California; and further, directed the filing of eminent domain proceedings for the acquisition of certain real property.

6. Hearing – Notice of Intention to Adopt a Resolution of Necessity - Vasona Light Rail Project

Property ID Number/Owner/Assessors Parcel Number

V034/Ansok Builders, Inc./APN: 412-02-002 Resolution No. 02.10.31

Closed hearing and adopted Resolution of Necessity No. 02.10.31 in connection with the Vasona Light Rail Project, pursuant to Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure of the State of California; and further, directed the filing of eminent domain proceedings for the acquisition of certain real property.

CONSENT AGENDA

Requested that the following Agenda Items be removed from the Consent Agenda and placed on the Regular Agenda: Item #19., Approve the final designs of artists Jean Whitesavage and Nick Lyle for station shelter canopy glass and railing projects in the Tasman East/Capitol Light Rail Projects; and Item #21., Authorize the General Manager to execute a contract with National Research Council Canada to provide a Wheel/Rail Interface Study to assist in the development of maintenance strategies to maximize the useful life of light rail vehicle wheels and track for a contract amount of $105,600.

7. Approved the Minutes of the Regular Board of Directors’ Meeting of September 5, 2002.

ADMINISTRATION AND FINANCE COMMITTEE

8. Approved Bicycle & Pedestrian Advisory Committee (BPAC) Re-appointments.

9. Approved an amendment to the Federal Fiscal Year (FFY) 2001–02 federal grant application to de-obligate $9.7 million in Section 5307 funds currently programmed for Replacement Buses and reprogram the funds towards Preventive Maintenance, and authorized the General Manager to execute the revised grant agreement with the Federal Transit Administration (FTA).

10. Authorized the General Manager to execute a contract with RGW Construction, the lowest responsible bidder, in the amount of $23,493,121, for construction of the Route 237/880 Interchange Project Stage C, Phase II, a 1996 Measure B Transportation Improvement Program Project.

11. Authorized the General Manager to execute the documents necessary to sell to the County of Santa Clara approximately 2.7 acres from the VTA North Operating Division, in the City of Mountain View, for $4,892,000 for the construction of the 1996 Measure B Transportation Improvement Program Route 85/101 North Interchange Project. No deed will be prepared at this time. Rather, when VTA completes the project, the property will be deeded directly to the State of California by VTA.

12. Authorized the General Manager to extend and amend the current agreement with U.S. Healthworks Medical Group for pre-employment physicals; drug and alcohol testing; medical re-certification physicals; fitness for duty exams; respirator evaluation and fitness test; substance abuse testing and Medical Review Officer services for a total amount not to exceed $936,000 over the five-year life of the agreement.

13. Authorized the General Manager to execute an amendment to the Attorney Services Agreement with the firm of Hanson, Bridgett, Marcus, Vlahos & Rudy, LLP to add $250,000, for a new not-to-exceed contract value of $900,000.

14. Authorized the General Manager to renew benefit contracts with Kaiser, PacifiCare, Valley Health Plan, Delta Dental, Pacific Union Dental, Vision Service Plan, ProBusiness and Highmark Life Insurance Company, effective January 1, 2003 for all VTA employees and retirees.

15. Approved revisions to Policy Number 421, the Drug and Alcohol Policy for Safety-Sensitive Employees under FTA Regulations.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE

16. Adopted Resolution No.02.10.32 accepting an Environmental Justice Transportation Planning Grant from the State of California, Department of Transportation.

17. Adopted the revised Tier 1 Bicycle Projects and Schedules.

TRANSIT PLANNING AND OPERATIONS COMMITTEE

18. Authorized the General Manager to execute a contract amendment with David J. Powers and Associates, from San Jose, in an amount not to exceed $120,000, to complete environmental compliance for the Vasona Light Rail Project for a total contract value not to exceed $980,840 and extend the term two years to December 31, 2004.

19. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Approve the final designs of artists Jean Whitesavage and Nick Lyle for station shelter canopy glass and railing projects in the Tasman East/Capitol Light Rail Projects.

20. Authorized the General Manager to execute a five-year lease agreement and to exercise the options to renew for three additional five-year periods with Sprint Spectrum Limited Partnership (Sprint), for one cellular antenna site at the Cerone Operating Division.

21. (Removed from the Consent Agenda and placed on the Regular Agenda.)

Authorize the General Manager to execute a contract with National Research Council Canada to provide a Wheel/Rail Interface Study to assist in the development of maintenance strategies to maximize the useful life of light rail vehicle wheels and track for a contract amount of $105,600.

22. Approved a one-year extension of the lease with the City of Morgan Hill for use of vacant land, jointly owned by VTA and the Morgan Hill Redevelopment Agency (MHRDA), for an Interim BMX Park, contingent upon a satisfactory report by the City of Morgan Hill demonstrating progress and a firm timeline for moving the BMX Park to a permanent location. This Agreement will be brought back to the Board for status and further review at the October 2003 meeting.

REGULAR AGENDA

The Agenda was taken out of order.

19. Bruce M. Stevens, ATU, Local 265, addressed the Board of Directors and noted that there is no cost figure for the designs. He noted the money could be better spent for security in the stations. Mr. Stevens queried how an item could be approved without cost figures and how it could be justified in these hard economic times.

Queried about the issue of vandal proofing.

Approved the final designs of artists Jean Whitesavage and Nick Lyle for station shelter canopy glass and railing projects in the Tasman East/Capitol Light Rail Projects.

21. Eugene Bradley, Santa Clara VTA Riders Union, addressed the Board of Directors and queried why an American company was not allowed to conduct the Wheel/Rail Interface Study.

Authorized the General Manager to execute a contract with National Research Council Canada to provide a Wheel/Rail Interface Study to assist in the development of maintenance strategies to maximize the useful life of light rail vehicle wheels and track for a contract amount of $105,600.

ADMINISTRATION AND FINANCE COMMITTEE
CHAIRPERSON’S REPORT - Jane P. Kennedy

23. Queried how likely is it that the California Transportation Commission may not allocate the full amount and if this were to happen, what would be the impacts on future commitments.

Joseph Iwam, VTA Coach Operator, addressed the Board of Directors and urged the Board of Directors to vote against the debt financing reimbursement program. He noted that there is too much focus on the construction of light rail and BART and expressed concern regarding the decrease in bus operations.

Mr. Bradley addressed the Board of Directors and expressed concern regarding the bond of $82,000,000. He noted that the Measure A ballot for 2000 did not indicate that we would be bonding to pay for BART. He noted that the Santa Clara VTA Riders Union urges the Board of Directors to vote no on the proposal.

Adopted Resolution No. 02.10.33 authorizing the issuance of tax-exempt debt in an amount not to exceed $82,000,000 and ratifying actions taken by the General Manager and Chief Financial Officer necessary in connection therewith; and further authorized the General Manager to amend the FY 2003 operating budget and incur ancillary debt financing costs in an amount not to exceed $500,000 for costs related to this debt financing transaction.

Ex-Officio Board Member McLemore took his seat at 9:43 a.m.

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON’S REPORT – Blanca Alvarado

There were no items submitted for the Regular Agenda by the Congestion Management Program and Planning Committee.

TRANSIT PLANNING AND OPERATIONS COMMITTEE
CHAIRPERSON’S REPORT - David Cortese

There were no items submitted for the Regular Agenda by the Transit Planning and Operations Committee.

OTHER ITEMS

24. ITEMS OF CONCERN AND REFERRAL TO ADMINISTRATION

There were no Items of Concern and Referral to Administration.

25. LEGISLATIVE REPORT

Accepted as contained in the Agenda Packet.

26. REPORTS FROM ADVISORY COMMITTEES

A. Committee for Transit Accessibility (CTA)

Accepted as contained in the Agenda Packet.

B. Citizens Advisory Committee (CAC)

Accepted as contained in the Agenda Packet.

C. Bicycle & Pedestrian Advisory Committee (BPAC)

Accepted as contained in the Agenda Packet.

D. Technical Advisory Committee (TAC)

Accepted as contained in the Agenda Packet.

E. Policy Advisory Committee (PAC)

Accepted as contained in the Agenda Packet.

27. REPORTS FROM JOINT POWERS BOARDS (JPBs) & REGIONAL COMMISSIONS

A. Peninsula Corridor JPB

Heard a report that the Peninsula Corridor JPB, at its meeting of Monday, October 7, 2002: 1) Approved a Fiscal Year 2003 Capital Budget amendment to include an additional $1.2 million to fund two new projects: (a) the final design for the seismic retrofit of ten bridges on the Caltrain Corridor, completely financed with Caltrans funds; and, (b) the installation of closed circuit security cameras at several stations, including the San Jose Diridon Station; 2) Authorized the Executive Director to augment the Grant Anticipation Notes Program by $231 million for cash-flow financing purposes to support capital projects approved by the JPB; and, 3) Authorized the Executive Director to execute an amendment to the JPB/Union Pacific Trackage Rights Agreement for the Lick to Gilroy Line. This action would facilitate the operation of a fifth train to and from Gilroy at a future date, on a mutually agreed upon operating schedule, upon completion of the Tamien to Lick double-tracking project being constructed by VTA.

B. Capitol Corridor JPB

There was no report on the Capitol Corridor JPB.

Altamont Commuter Express (ACE) JPB

Heard a report that the ACE JPB, at its meeting of Monday, September 16, 2002: 1) Received $981,000 of federal New Starts funding for the environmental review, conceptual design and preliminary engineering for a joint ACE train and San Joaquin Regional Transit District bus maintenance facility. Requested that the San Joaquin Regional Rail Commission prepare a written proposal of their offer to assume total financial responsibility for the development of the maintenance facility; and 2) Received a staff report regarding revision of the afternoon train schedule to provide an earlier departure from San Jose and eliminating the last afternoon San Jose departure.

D. Metropolitan Transportation Commission (MTC)

Heard a report that MTC, at its meeting of Wednesday, September 18, 2002: 1) Added specific planning projects to the Overall Work Program that have been granted funding by Caltrans through State Planning and Research, Environmental Justice, and Federal Transit Administration Section 5313 funds; a) the objective for the Access To Opportunities Project for the Bay Area is to increase the capacity of minority and low-income groups to participate in local and regional transportation decisions. This will be accomplished using outreach, education, and technical assistance to provide the information and skills traditionally under-served groups need to effectively present their needs to transportation agencies and ensure the development of suitable transportation projects in the Bay Area; b) the objective for the Mainstreaming Environmental Justice in the VTA Congestion Management Program Planning Process is to allow the VTA to incorporate environmental justice planning during countywide planning efforts including the Congestion Management Program update in 2003. The VTA Board of Directors adopted a resolution accepting this grant today; c) the objective of the Environmental Justice Access to BART Stations is to conduct context-sensitive outreach in identified environmental justice communities in conjunction with BART’s station access planning; and d) the Travel Characteristics of Transit-Focused Development in California Project will contribute to knowledge about the level of transit use in transit-focused development and how and why that level of transit use differs from surrounding areas, and how transit use varies across different types of transit-focused development; 2) Took an “Oppose” Position on Proposition 51, “Traffic Congestion Relief and Safe School Bus Act” because the flaws in the measure outweigh the benefits; 3) Senator Perata, chair of the Senate Select Committee on Bay Area Transportation, attended and discussed the proposed toll increase for state-owned Bay Area Bridges and forthcoming legislation. The MTC recommended: a) all 5 Bay Area bridges be included; b) any project would need a clear nexus to bridge congestion, so that the increase is considered a fee and not a tax; and c) the recommendations go back to the Senate Select Committee on Bay Area Transportation.

28. REPORTS FROM VTA POLICY ADVISORY BOARDS (PABs)

A. Tasman/Capitol Light Rail PAB

There was no report on the Tasman/Capitol Light Rail PAB.

B. Vasona Light Rail PAB

There was no report on the Vasona Light Rail PAB.

C. Silicon Valley Rapid Transit Corridor PAB

There was no report on the Silicon Valley Rapid Transit Corridor PAB.

D. Caltrain PAB

There was no report on the Caltrain PAB.

E. Downtown/East Valley PAB

Heard a report that the Downtown/East Valley PAB at its meeting of Thursday, September 12, 2002: Received preliminary findings from VTA staff on two separate surveys conducted along Santa Clara/Alum Rock: 1) on-board origin and destination survey of riders of bus lines 22, 300, 64, and 81 and 2) survey of property owners and business tenants along the corridor. Staff presented a draft work plan for the Santa Clara/Alum Rock Corridor outlining a 6-month process that will lead to a project definition for the corridor. A series of stakeholder and PAB-hosted public meetings will focus on the challenges presented along the corridor, particularly in Downtown San Jose, in determining the appropriate mode and alignment for Santa Clara/Alum Rock. The next Downtown East Valley PAB meeting will be on Wednesday, October 23, 2002, from 10-11:30 a.m., in Room 204 of San Jose City Hall.

F. Highway PAB - South

There was no report on the Highway PAB – South.

29. REPORT FROM THE CHAIRPERSON

Chairperson Gonzales appointed Board Members Alvarado, Springer, and himself as the Nominating Committee for the Election of Chairperson and Vice Chairperson for the 2003 Board of Directors.

Announced that Vice Chairperson Kennedy has submitted a letter of interest to serve as the Chairperson and that Board Member Gage has submitted a letter of interest to serve as the Vice Chairperson. Noted if there are any other Board Members who wish to express an interest for either office to submit a letter of interest to the Board Secretary no later than October 31, 2002.

30. REPORT FROM THE GENERAL MANAGER

There was no report from the General Manager.

REGULAR AGENDA (continued)

CONGESTION MANAGEMENT PROGRAM AND PLANNING COMMITTEE
CHAIRPERSON’S REPORT – Blanca Alvarado

Noted the discussion held at the September 19, 2002 Congestion Management Program and Planning Committee Meeting pertaining to the Torlakson Bill regarding the potential collapsed merger of the Metropolitan Transportation Commission (MTC) and the Association of Bay Area Governments (ABAG). Also noted that it is essential that staff provide a report to the Board of Directors indicating the possible implications for the County of Santa Clara.

Noted the importance of the issue and stated the issue should be placed on a future agenda to be discussed at length. Staff noted that the issue would be discussed at the October 25, 2002 Board of Directors Workshop Meeting.

Noted that a senior MTC staff member would be providing an update on the issue at tonight’s Cities Association Meeting and that the Cities Association and the City of Santa Clara has taken an oppose position to the Torlakson Bill.

31. ANNOUNCEMENTS

There were no Announcements.

32. PUBLIC PRESENTATIONS

Mr. Stevens addressed the Board of Directors and noted that on July 5, 2002, the light rail employees signed a petition nominating the armed security officers to be considered as VTA employees of the month. He noted that since that time three or four of the security officers have been demoted or removed from the property without just cause and the rest have been put in harms way by being made to go undercover and unarmed. Mr. Stevens noted that there is a safety problem for the public and security officers.

Marc Boyd, Interested Citizen, addressed the Board of Directors and noted that on Tuesday, October 8, 2002, he watched the San Jose City Council Meeting and listened to a Smart Growth presentation given by a VTA spokesperson. He noted that he read VTA’s Mission Statement and saw no reference to VTA’s involvement with the redevelopment of private property near rail stops. He noted he was very much offended by the use of photo enhancements suggesting the concept of using eminent domain to redevelopment property near rail stops. Mr. Boyd noted that he believes that VTA should be more concerned with real improvements, such as bike lanes that connect the entire valley to public transit; improved pedestrian safety; phasing out all diesel engines; a safe-place program allowing children to get on a bus if in trouble; a program to allow segways on buses and on all bike lanes; use of extra space at VTA parking lots for city car sharing programs; and designing a program that will establish goals combined with incentives increasing ridership by downtown businesses.

Mr. Bradley addressed the Board of Directors and noted that at a Board of Directors Meeting several months ago, Board Member Alvarado mentioned that she would like to see buses used instead of light rail at certain times. He noted that the Santa Clara VTA Riders Union would like to see buses run along light rail during the hours of midnight to 6:00 a.m. Mr. Bradley noted the cost of running light rail versus bus.

Mr. Bradley announced that the Santa Clara VTA Riders Union is officially opposed to Measure B and noted that in the long term, the Measure is going to lead to even more gridlock and smog for the community.

Margaret Okuzumi, Bay Rail Alliance, addressed the Board of Directors and directed attention to Closed Session Agenda Item #33.X. Conference with Real Property Negotiator [Government Code 54956.8] - Purchase of trackage rights in the South Bay Corridor between Union City and Diridon Station in San Jose. Negotiator for VTA: Scott Buhrer, Chief Financial Officer. Negotiator for Union Pacific Railroad: Robert Starzell, Senior Representative of the Chairman. Ms. Okuzumi commented that the regional rail network could benefit from VTA acquiring additional trackage.

33. CLOSED SESSION at 10:07 a.m.

Ex-Officio Board Member McLemore left the meeting at 10:15 a.m.
Board Member Alvarado left the meeting at 10:20 a.m.

A. Existing Litigation – Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Name of Case: Homer J. Olsen v. VTA
(Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

B. Existing Litigation – Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Name of Case: SCVTA v. Gupta, et.al.
(Santa Clara County Superior Court Case No. CV802670, Complaint in Eminent Domain)

C. Anticipated Litigation – Conference with Legal Counsel

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One potential case

D. Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organizations:
Transportation Authority Engineers and Architects (TAEA)

VTA Designated Representatives:
Kaye L. Evleth, Chief Administrative Officer
Scott Buhrer, Chief Financial Officer

E. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel

X. Conference with Real Property Negotiator
[Government Code 54956.8]

Purchase of trackage rights in the South Bay Corridor between Union City and Diridon Station in San Jose.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer
Negotiator for Union Pacific Railroad: Robert Starzell, Senior Representative of the Chairman

RECONVENE TO OPEN SESSION at 10:45 a.m.

34. CLOSED SESSION REPORT

A. Existing Litigation – Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Name of Case: Homer J. Olsen v. VTA
(Santa Clara County Superior Court Lead Case No. CV785402, Consolidated Cases)

There was no reportable action taken during Closed Session.

B. Existing Litigation – Conference with Legal Counsel
[Government Code Section 54956.9(a)]

Name of Case: SCVTA v. Gupta, et.al.
(Santa Clara County Superior Court Case No. CV802670, Complaint in Eminent Domain)

There was no reportable action taken during Closed Session.

C. Anticipated Litigation – Conference with Legal Counsel

Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9. One potential case

There was no reportable action taken during Closed Session.

D. Conference with Labor Negotiators
[Government Code Section 54957.6]

Employee Organizations:
Transportation Authority Engineers and Architects (TAEA)

VTA Designated Representatives:
Kaye L. Evleth, Chief Administrative Officer
Scott Buhrer, Chief Financial Officer

There was no reportable action taken during Closed Session.

E. Public Employee Performance Evaluation
[Government Code Section 54957]

Title: General Manager
Title: General Counsel

There was no reportable action taken during Closed Session.

X. Conference with Real Property Negotiator
[Government Code 54956.8]

Purchase of trackage rights in the South Bay Corridor between Union City and Diridon Station in San Jose.

Negotiator for VTA: Scott Buhrer, Chief Financial Officer
Negotiator for Union Pacific Railroad: Robert Starzell, Senior Representative of the Chairman

There was no reportable action taken during Closed Session.

35. ADJOURNED at 10:45 a.m. to a Board of Directors Special Meeting immediately following the Regular Board of Directors Meeting.